Service Law – Departmental Proceedings – Finality of Orders – Appellant dismissed by Revenue Secretary – Revenue Minister noted on file suggesting reversion instead of dismissal due to mitigating factors – Held: Mere internal noting or expression of opinion on a file does not constitute a binding order unless duly authenticated and communicated – Notings not exp...
Slum Rehabilitation – Competing Claims – Developer’s proposal rejected due to overlap with already approved scheme and lack of Annexure I for one of the plots – Held: SRA's rejection justified – Composite application without complete documentation for F.P. No. 569 (Part) was invalid – Developer had not annexed Annexure I with original proposal [Paras 29, 54&...
Civil Procedure Code, 1908 – Section 11 – Res Judicata – Four partition suits decided by common judgment in 1944 on issue whether sale deed of 1885 by widow Sirtaji in favour of Mata Badal was for legal necessity – In Suit No. 98 (Kurthuwa lands), sale held invalid; appeal dismissed as time-barred in 1945, decree attained finality – In other suits (Nos. 99, 100), appe...
Taxation – Classification – Article 14 – Validity of taxing only Virginia Tobacco – Andhra Act XIV of 1955 amended Section 5 of Madras General Sales Tax Act to impose tax on Virginia tobacco while exempting country tobacco (Nattu tobacco) – Held: Classification based on clear and intelligible differentia such as taste, texture, cultivation, usage, and marketability &n...
Civil Procedure Code – Order 6 Rule 17 – Amendment of pleadings – Defendant sought amendment of written statement in 2004 to introduce agreement of 1982, nearly 18 years after suit filed and at stage when trial had concluded – Trial Court allowed application – High Court reversed – Held: “Due diligence” under proviso requires prompt and reasonable st...
Constitutional Law – Article 14 – Discretionary Power – Section 19 of the Slum Areas Act – Validity of Legislative Guidance – Challenge to Section 19(3) of the Slum Areas (Improvement and Clearance) Act, 1956 on ground that it vests arbitrary power in competent authority to permit or refuse execution of eviction decrees – Held: Provision constitutionally valid &...
Service Law – Trade Tax Officers – Limited Departmental Examination, 1987 – 97 posts withdrawn from UPPSC due to delays – Cabinet approved departmental selection – Appointments in 1987 described as ad hoc owing to interim High Court orders – Held: Government intended substantive appointments – 1987 appointees deemed substantively appointed from date of ini...
Contempt of Court – Civil Contempt – Alleged violation of orders dated 07.03.2006 and 09.03.2007 – Petitioners alleged UPPSC suppressed facts, shifted stands and refused to disclose marks and cut-off – Respondents (Chairman and Secretary of UPPSC, and State) filed affidavits explaining compliance steps, production of merit lists and reasons for non-recommendation – Te...
Hindu Marriage Act – Divorce – Grounds of Cruelty and Desertion – Marriage solemnized in 1974, wife allegedly insisted husband live separately from parents, frequently quarrelled, and ultimately deserted matrimonial home in 1984 leaving minor daughter – Husband filed divorce petition in 1992 – Family Court, after detailed evaluation of oral and documentary evidence, g...
Delhi Rent Control Act – Constitutionality of Section 14(1)(e) – Bona fide requirement – Discrimination between residential and non-residential premises – Section 14(1)(e) held partly unconstitutional – The classification restricting landlord’s right of eviction to residential premises only held violative of Article 14 – Provision read down to apply unifor...